SUNY Procedure #7553 Purchasing and Contracting (Procurement)

or circumstances, and authorize a procurement without competition, except that such authority shall not exist for contracts funded by personal service appropriations. 1. The circumstances supporting such determination must be consistent with standard NCAA Division I practices used for intercollegiate athletics programs nationally. The selection must be justified and the prices demonstrated to be reasonable and competitive. This authority shall apply to intercollegiate athletics program agreements up to $250,000. 2. For all intercollegiate athletics NCAA Division I agreements, the exceptions noted in Paragraph B.1. above shall not apply, and no approval shall be required by any state agency for such transactions up to $250,000. E. OSC approval is required for contracts where the University provides consideration other than money (generally revenue contracts), with a reasonably estimated value in excess of $25,000. F. NY State Finance Law §163 6-b, obligates the University to aggregate expected purchases for the same commodities or services within twelve months from the date of purchase to determine whether the procurement falls within the discretionary threshold. This section of State Finance Law also prohibits split ordering. It is important to note that when determining the contract value the total contract term must be considered. Campuses should not continually enter into one-year contracts with the same vendor (below prior approval thresholds) to avoid obtaining a multi-year contract that would require prior approval. G. Contract work should not begin until all necessary approvals are received. Authorizing the start of work before all approvals are received is beyond the scope of a State employee's authority, and the employee may be held personally liable. IV. Procurement Record Requirements: A. NYSCR Documentation 1. Purchases over $10,000 to less than $50,000 must contain a certification of compliance with the requirements for publication in the NYSCR. The campus must maintain documentation that a quarterly listing of projected procurement purchases was published. If the campus instead chooses to publish a planned procurement not exceeding $50,000, then proof of publication is to be submitted with the voucher package. 2. Purchases over $50,000 must include proof of publication in either of the following forms: a. a statement specifying the date of appearance and other relevant information related to the notice in the NYSCR, or b. a copy of the original notice. c. Where an exemption from pre award publication requirements has been granted by the Office of the State Comptroller, regardless of amount, the campus must maintain documentation that a request to publish a notice stating the reason for the exemption has or will be submitted as soon as practicable. B. Contracts Requiring No Outside Agency Approvals 1. Contracts exempted by NYS Education Law § 355 (i.e., (i) materials, equipment and supplies, including computer equipment; (ii) motor vehicles; (iii) construction and construction-related services contracts; and (iv) printing) shall not require prior approval by any other state officer or agency. 2. The Procurement Record shall include: a. all associated documentation required by NY State laws and SUNY policies and procedures; b. for contracts (not purchase orders) with a total value of $125,000.00 or greater, the completed Procurement Record Checklist (Form XII) or a campus specific checklist that at minimum includes the information in the Office of the State Comptroller Bureau of Contracts Procurement Record Checklist at: http://www .ogs.ny.gov/procurecounc/pdfdoc/Procureguideline.pdf. c. for contracts (not purchase orders) with a total value of $250,000.00 or greater: i. a completed and signed Campus Procurement Certification (See form XV); ii. a copy of the signed certification and completed checklist must be uploaded to the SUNY internal document repository. 3. After selection of the appropriate vendor, the campus shall enter into a contract for the commodities or

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